Do I have legal recourse against the party that sold me a home 4 yrs ago without disclosing faulty plumbing?

Question

The seller was a real estate broker, and I had no agent representing me - so I believe his fiduciary responsibility was higher than it would be otherwise. After discovering a slab leak a couple of weeks ago, I found out that the seller had been included in a class action lawsuit against the manufacturer of the faulty polybutylene plumbing pipes. Because of the case settlement, he could have replaced the pipes at the manufacturer's cost, but he did not. Years later, I was sold the property and the pipe situation was not disclosed to me.

My understanding is that real estate transactions in California require full disclosure, and that a lack of disclosure could result in the seller's liability to the buyer. Do I have a case to sue the seller for the $6000 cost of replacing the pipes?

Apparently, the whole neighborhood knew about the pipes. The same plumber fixed most of the other houses on the street. Also, I did pay to have a good inspection done, but the inspector did not note the pipes - and couldn't have - because the faulty pipes were under the foundation slab.

The pipe manufacturer, Qest, acknowledged that it’s product would consistently fail at the joints, and was required in a class action settlement to replace upon request of the homeowners all pipes up to 17 years after installation, which in the case of my home ended in 2000 (home was built in 1983). I bought the house in 2003. I thought there might be recourse against the seller, who I’m sure intentionally made a misrepresentation, specifically checking off on required disclosures that to his knowledge there was no problem with the plumbing.

Answer 1

can't give you legal advice, but the statute of limitations re failure to disclose against an agent is two years from possession.

Answer 2

I am not from California but here in my state the Statue of Limitations is 10 yrs. Your best bet would likely be getting documentated proof that this information was omitted during the transaction! Otherwise there is no point because anyone would just point out that you should have paid for a Real Estate Inspection prior to closing on the property.

You might also want to do a little research, maybe this is something that the title company missed and they too could be liable...

But these are all maybe's!

Answer 3

Unless you can prove that the pipes were faulty and leaking at the time of the sale, you are on your own. DO remember that inclusion in a class action lawsuit does not necessarily mean that the pipes in your OWN home were faulty and leaking.

I have received small settlements in the past from class action suits, yet have never had an issue with the product involved.

I don't think you have a case here unless you can show that there was a known defect at the time of the sale.

Answer 4

wow every real estate agent shoud take what you just posted and put it on your business card. Im not an attorney and cant give you legal advice. I guess you pay what you get for.

Im not a real estate agent but at least you would have somebody to go agaisnt if something was messed up. This will have to be solved in court. But will probably cost you 5 times more then you will get back. Who do you sue? I dont know.

Answer 5

Start calling real estate attorney's. I'm sure CA is the same as most state and require that seller disclose ALL material facts. As a broker, whew, he could be in big trouble with the department of commerce as well.

Answer 6

You would have to prove that they were aware of the defective plumbing, since you didn't know for four years, there's a good chance they never knew. Due to the fact that they are a broker, they would be the type of person that couldn't use a screwdriver without needing an emergency room visit.

Answer 7

Call a lawyer. As a buyer you have to do your due diligence as well and have the home checked out. Going on the word of the owner was a bad idea.
I would think you have no case, but good luck.